5.15.080 Operating Rules and Regulations.
(A) The following operating rules and regulations shall apply to all teen entertainment clubs in the City:
(1) The standards of conduct applicable to all businesses in the City, as specified in the Olathe Municipal Code, the Unified Development Ordinance, and any other building or safety codes shall apply to teen entertainment clubs.
(2) It shall be the obligation of the licensee to insure that no controlled substances are offered for sale or consumed on the club premises.
(3) It shall be the obligation of the licensee to remove from the club premises any person who is or appears to be under the influence of or affected by the use of alcohol and/or drugs, or whose conduct poses a physical danger to the safety of others present.
(4) It shall be the obligation of the licensee to provide proper and adequate illumination of all portions of the club premises which are available for use by the public.
(5) It shall be the obligation of the licensee to prevent loitering or the creation of public nuisances or disturbances of the peace by any person on club premises, or the immediate vicinity of the same. “Loitering” shall not include walking between the club building and a patron’s vehicle, nor shall it include the act of waiting in line to gain admission to the club.
(6) It shall be the obligation of the licensee to clean up all litter on the premises resulting from club operations.
(7) No person, other than an employee or entertainer, who leaves the club building shall be permitted to return to the teen entertainment club unless that person pays a readmission fee equal to the original price of admission.
(8) No licensee shall feature or permit dancers, entertainers, employees, or any other person or persons to be engaged in specified sexual activities or to expose to view or display specified anatomical areas.
(9) All persons shall be admitted to a teen entertainment club through a single entrance so that occupancy load can be monitored by the licensee.
(10) No teen entertainment club shall be established within 1,000 feet of another licensed teen or warehouse entertainment club.
(11) Security guards.
(a) A minimum of two security persons shall be required for up to the first 50 persons in attendance.
(b) In addition to the minimum two security persons, one additional security person for each additional 50 persons in attendance shall be required.
(c) “Qualified security personnel” means any person who works for:
(1) A private police organization as defined in Chapter 5.40; and
(2) Is 21 years of age or older; and
(3) Is uniformed when working.
(12) Teen entertainment clubs shall be open to business only during the following times.
(a) If school is in session, the hours of operation shall be:
(1) 5:00 p.m. through 10:30 p.m. Monday through Thursday;
(2) 5:00 p.m. on Friday through 12:00 a.m. on Saturday;
(3) 1:00 p.m. Saturday through 12:00 a.m. on Sunday;
(4) 1:00 p.m. through 10:30 p.m. on Sunday.
(b) If school is not in session, the hours of operation shall be 1:00 p.m. through 12:00 a.m. Monday through Sunday.
(13) The licensee shall control the conduct of persons so as to prevent or minimize disorderly or unlawful conduct upon the premises and within one hundred (100) feet of the premises. The 100-foot distance shall be measured in a straight line from the property line of the licensed premises.
(14) The licensee shall cause the orderly dispersal of individuals from the vicinity of the teen entertainment club at closing time, and shall not allow them to congregate in the vicinity in a disorderly fashion.
(15) The licensee shall make reasonable efforts to prevent the admission of any person whose conduct is described in Section 9.11.010 of the code (disorderly conduct) on the premises or on any parking lot or similar facility used by the club. The licensee shall make reasonable efforts to remove persons exhibiting such conduct from the premises.
(16) The licensee shall be responsible to insure that an adequate number of qualified security personnel are employed and in attendance before, during, and following each entertainment event as is necessary in order to maintain order and insure compliance with all applicable federal, state and city law and ordinances.
(17) (a) Licensees may allow persons 14 years of age through 20 years of age to enter the teen entertainment club; provided, if a licensee allows persons 14 and 15 years of age to enter the teen entertainment club, they shall be prohibited from allowing persons 19 and 20 years of age from entertaining the teen entertainment club; provided further, if a licensee prohibits individuals 14 and 15 years of age from entering the teen entertainment club; they may allow persons 16 through 20 years of age to enter the teen entertainment club. Licensees are prohibited from allowing both 14 and 15 year old individuals and 19 and 20 year old individuals in the club at the same time. In addition, licensees must state on their application for license which age group they intend to serve. If during the license period a licensee desires to change the age group to be served, the licensee must first notify the City Clerk in writing of the change.
(b) In those teen entertainment clubs where the licensee has indicated on the license application that service will be to 14 through 18 year old individuals, no person under the age of 14 years of age or over the age of 18 years old may enter or remain on the premises. In those teen entertainment clubs, where the licensee has indicated on the license application that service will be to 16 through 20 year old individuals, no person under the age of 16 and no person over the age of 20 may enter or remain on the premises; provided that regardless of the age of the patrons selected by the licensee, parents or legal guardians of persons on the premises, employees, or licensees of the teen entertainment club and government officials conducting business may enter upon the premises.
(c) It is a violation of this chapter for any person for the purpose of gaining admittance to a teen entertainment club to falsely represent:
(1) Their actual age;
(2) Themselves to be a licensee or an employee of the teen entertainment club;
(3) Themselves to be a parent or guardian of a person in a teen entertainment club;
(4) Themselves to be a governmental employee in the performance of his/her duties.
(d) It shall be a violation of this chapter for a licensee not to check each person entering the licensed premises to insure by way of valid identification the person entering the teen entertainment club. Persons without identification shall be denied entrance to the premises.
(e) It shall be a violation of this chapter for any person on the premises, to include the parking areas, to not provide identification to law enforcement officers to include name, age and address. (Ord. 01-42 § 1, 2001.)